RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04089

STEPHEN M. CIAPPETTA	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) be changed to Option B to include his spouse.  

APPLICANT CONTENDS THAT:

Before and during the time he applied for retirement, he was experiencing migraine headaches along with blurred vision, which prohibited him from reading and concentrating.  The applicant also states he was incapable of making decisions due to being bedridden for three months while on medication.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant who was placed on the Reserve Retired List effective 1 Nov 04, then per Special Order EL-3567, dated 22 May 17, was placed on the Retired List effective 30 May 17.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  On 12 Oct 00, the applicant acknowledged receipt of notification and guidance via the PS 3811, Domestic Return Receipt.  The applicant did not return the documentation with his desired election within the required 90-day timeframe prescribed by law.  Due to his non-response and his having eligible dependents, Option C, “Immediate Annuity,” was automatically selected in accordance with Title 10, USC Subsection 1448(a)(2)(B).  Per Title 10, USC, Subsection 1448(a)(4)(B), “Irrevocability of elections.— An election under paragraph (2)(B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph.”  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Jun 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-04089 in Executive Session on 20 Sep 18:

Mr. Clifford D. Tompkins, Panel Chair 
Mr. Ricky L. Bennett, Panel Member
Ms. Gail P. Forest, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Sep 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/ DPTT, dated 23 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.